2016 DOJ and SEC FCPA Resolution Tracker 2018 APRIL
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1 2016 and Resolution Tracker 2018 APRIL
2 2016 and Resolution Tracker SAP SE $3.9M Technology/ Electronics Panama Sold artificially discounted software through intermediaries to fund bribes for technology contracts Ignacio Cueto Plaza (LAN Airlines) $75K Aerospace/Aviation Argentina Authorized sham consulting agreement to enable bribes to union officials SciClone Pharmaceuticals, Inc. $12.8M Subsidiaries gave money and gifts to state health care professionals to increase sales PTC Inc. PTC Shanghai PTC Hong Kong Yu Kai Yuan ; : $13.6M (cease & desist order) : $14.5M (NPA) : $0 (DPA) Technology/ Electronics Provided travel, gifts, and entertainment to officials Q VimpelCom Ltd. Unitel LLC (Uzbek Sub) Qualcomm ; : $230.3M (DPA) : $167.5M (permanent injunction) $7.5M Uzbekistan Paid bribes, some disguised as charity, to obtain business Hired relatives and gave gifts to officials at state-owned telecom companies Olympus Latin America, Inc. $22.8M (DPA) Medical Equipment/ Argentina, Brazil, Bolivia, Colombia, Costa Rica, Mexico Gave money, travel and free equipment to health officials Nordion Inc. Mikhail Gourevitch $375K $179K Russia Bribed officials to obtain drug approvals Novartis AG $25M Subsidiaries paid bribes to increase drug sales Abraham Jose Shiera Bastidas (Vertix Instrumentos; Emea Venezuela SA) Pled guilty; sentencing scheduled for 8/23/2018 Venezuela Paid bribes to state-owned energy company officials Biomet (DPA) (second 1-year extension to DPA entered in 2012) Argentina, Brazil,, Mexico Paid bribes and kickbacks to doctors for medical device sales Q Las Vegas Sands Corp. Dmitrij Harder (Chestnut Consulting Group Inc., Chestnut Consulting Group Co.) $9M Pled guilty; 5 years in prison Entertainment Finance/Insurance/ Commodities Trading, Macao United Kingdom Failed to properly authorize or document payments to a consultant Paid bribes to get financing approved for clients and obtain other business
3 2016 and Resolution Tracker Akamai Technologies $672K (NPA) Internet Services Nortek $322K (NPA) Manufacturing Subsidiary provided gift cards, meals and entertainment to officials Subsidiary paid bribes to reduce oversight and taxes/fees Q Roberto Enrique Rincon Fernandez Pled guilty; sentencing scheduled for 8/23/2018 Analogic Corporation : $11.5M (cease & desist order) BK Medical ApS (Danish Sub) ; : $3.4M (NPA) Lars Frost : $20K (cease & desist order) Medical Equipment Venezuela Ghana, Israel, Kazakhstan, Russia, Ukraine, Vietnam Paid bribes to state-owned energy company officials Subsidiary made improper payments using falsified invoices Q Johnson Controls, Inc. $14.4M LATAM Airlines Group, S.A., f/k/a LAN Airlines, S.A. ; : $12.8M (DPA) : $9.4M (cease & desist order) Key Energy Services, Inc. $5M AstraZeneca PLC $5.5M Jun Ping Zhang (Hunan CareFx Information Technology, LLC/Harris Corporation) $46K Nu Skin Enterprises, Inc. $766K Industrials/ Manufacturing/ Natural Resources/ Utilities/ Energy/Shipping/ Freight/Transportation Aerospace/Aviation Technology/Electronics/ Personal Care Products/ Cosmetics Anheuser-Busch InBev $6M Food/Beverage India Argentina, Chile Mexico, Russia Subsidiary used fake vendors to pay bribes to employees of state-owned shipyards, ship owners and others Used false consulting contract to bribe union officials to settle labor disputes Subsidiary used consulting firm to make improper payments to stateowned oil company employee Subsidiaries made improper payments to increase sales and reduce or dismiss financial sanctions Used fake expense receipts to generate cash for gifts to officials at state-owned hospitals Subsidiary exchanged payment to charity for official to intervene in investigation Used third-party sales promoters to make improper payments to officials to obtain sales and increase production hours
4 2016 and Resolution Tracker Q Och-Ziff Capital Management Group OZ Management Daniel S. Och Joel M. Frank ; : $213M (DPA) : $199M (cease & desist order) : $2.2M : Penalty TBD Finance/ Investment Management NCH Corporation $335K (declination with disgorgement) Industrial Supply Chad, Democratic Republic of the Congo, Guinea, Libya, Niger, South Africa, Zimbabwe Used intermediaries, agents and business partners to bribe officials Subsidiary bribed officials to increase sales GlaxoSmithKline $20M Subsidiary disguised improper payments to officials as legitimate expenses Embraer S.A. ; : $107M (DPA) : $98M (disgorgement) Aerospace/ Aviation Dominican Republic, India, Mozambique, Saudi Arabia Bribed officials and falsified books and records in connection with aircraft sales Victor Hugo Valdez Pinon / Douglas Ray Kamta Ramnarine / Daniel Perez Pled guilty; $90.8K, 1 year 1 day prison Pled guilty; $590K, 18 months prison Pled guilty; 3 years probation Pled guilty; 3 years probation Aerospace/ Aviation Mexico Paid bribes to obtain aviation contracts JPMorgan Chase ; : $72M (NPA) : $130.6M (cease & desist order) Finance/Insurance /Commodities Trading, Taiwan Gave jobs and internships to relatives and friends of government officials Q Odebrecht S.A. Pled guilty; $93M Engineering/ Construction Angola, Argentina, Brazil, Colombia, Dominican Republic, Ecuador, Guatemala, Mexico, Mozambique, Panama, Peru, Venezuala Used shell companies to bribe officials, politicians, and political parties Braskem S.A. ; ; $94.9M : $65M (disgorgement) Natural Resources/ Brazil Bribed officials at state-controlled petroleum company and hid payments Teva Pharmaceuticals Industries Ltd. Teva LLC ; : $283.2M (DPA) : $236M (disgorgement) Mexico, Russia, Ukraine Bribed officials to increase sales and get drug registrations approved General Cable Corporation Karl J. Zimmer ; : $20.5M (NPA) : $55.3M (cease & desist order) : $20K Industrials/ Manufacturing Angola, Bangladesh,, Egypt, Indonesia, Thailand Subsidiaries used third parties to bribe officials
5 Contacts NEW YORK Angela T. Burgess Denis J. McInerney Jennifer G. Newstead NORTHERN CALIFORNIA Neal A. Potischman WASHINGTON DC Neil MacBride Linda Chatman Thomsen SAO PAULO Maurice Blanco LONDON John Banes HONG KONG Martin Rogers Patrick S. Sinclair davispolk.com 2018 Davis Polk & Wardwell llp Davis Polk refers to Davis Polk & Wardwell llp and its associated entities.
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